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Unknown if Flynn will comply with subpoena

Leon Sherman

May 19, 2017

NY [U.S.], May 19:: Senate Intelligence Committeee Chairman Richard Burr has accused the former national security adviser, Michael Flynn, of not cooperating with the investigation into Russians meddling in the U.S. Presidential election.

That report followed another bombshell claim by the paper, which on Tuesday said that following Flynn's dismissal after just 24 days on the job, Trump personally pressed former FBI director James Comey to halt any FBI investigation. Following the election, Flynn had reportedly discussed with Kislyak the potential of establishing a back channel communication between Trump and Russian President Vladimir Putin that would circumvent the USA national security community, Reuters reports.

The chairman of the Senate intelligence committee says his panel has not received a response from Michael Flynn's lawyer  correcting his earlier statement that Flynn would not comply with a subpoena.

Kelner has not responded to multiple requests for comment about his client's plans. Flynn, though his lawyer, had earlier asked for immunity from "unfair prosecution" in exchange for agreeing to cooperate with the committee. Flynn is also the target of other congressional investigations as well as an ongoing FBI counterintelligence probe and a grand jury inquiry.

Flynn, the former national security adviser, was sacked in February for misleading Vice President Mike Pence about the contents of a December phone call with Russian Ambassador Sergey Kislyak.

On April 28, the Senate Intelligence Committee requested that Flynn submit any records related to his communications with Russian officials.

Finally, the New York Times reported that Trump's administration was aware that Flynn was under investigation for working for Turkey's government, which he did not disclose at the time, and hired him as a national security adviser anyway.

What would happen if Flynn really were to ignore the committee's subpoena?

2 U.S.C. § 192.makes it a misdemeanor to refuse to testify or produce documents. The House did this anticipating the Justice Department's refusal to prosecute Holder in 2012, only to have a federal judge turn them down as well. As the AP reported in March, an attorney for Flynn told Trump's presidential transition team- including now-White House counsel Don McGahn - that Flynn might have to register as a foreign agent.

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But a spokesman for the senator later said that Flynn still has time to comply if he chooses to. Cummings of Maryland, the top Democrat on the House Oversight Committee.